Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Criminal facts

The defendant is a user who has been engaged in information and communications business by ordinarily employing five workers as a real representative of Co., Ltd., Ltd. 301 in Gwangju Northern-gu.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Defendant 1 worked in the above workplace from July 1, 2013 to August 17, 2016, and did not pay 28,006,660 won in total to 5 employees, as shown in the list of crimes in the attached Table, as well as 28,006,660 won in total, to 5 employees, as stated in the list of crimes in the attached Table, were not paid within 14 days from the date of retirement without any agreement on extension of payment dates between the parties.

2. If an employee in arrears violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the employee a retirement allowance within 14 days after the ground for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

In addition to the fact that the Defendant worked in the said workplace from July 1, 2013 to August 17, 2016 and did not pay the retirement allowance of KRW 4,292,540 to the retired F, the Defendant did not pay the total of KRW 16,673,730 to five workers within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and each written petition;

1. Application of Acts and subordinate statutes to corrective instructions on labor-related Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;